News & Analysis as of

Private Right of Action Retailers

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay

On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more

Benesch

In California, Written Consumer Warranties Can No Longer Commence Before Delivery

Benesch on

On July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act (“Song-Beverly” or the “Act”) took effect, prohibiting express warranties for consumer goods sold in California from beginning before the date...more

Hudson Cook, LLP

Online Chat Features and California's Two-Party Consent Rule for Recording Conversations

Hudson Cook, LLP on

If you've been on the Web lately (and we all have), you've probably seen a site with a chat feature. Consumers in several cases have attempted to use those chat features as a basis for liability under a California privacy...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Fox Rothschild LLP

NYC Biometrics Law Brings Hefty Fines For Noncompliance

Fox Rothschild LLP on

A new biometric data collection law will go into effect in New York City next month that is likely to catch many businesses unprepared and not in compliance. This new law applies to any business operating a “place of...more

Jackson Lewis P.C.

NYC Creates BIPA-Like Requirements For Retail, Hospitality Businesses Concerning Biometric Information Collected From Customers

Jackson Lewis P.C. on

Effective July 9, 2021, certain retail and hospitality businesses that collect and use “biometric identifier information” from customers will need to post conspicuous notices near all customer entrances to their facilities. ...more

Benesch

Point Of Sale Newsletter - October 2019

Benesch on

California may be a lot of things, but business-friendly is generally not one of them. Case in point, the California Consumer Privacy Act (“CCPA”) will take effect on January 1, 2020. A series of recent potential amendments...more

Davis Wright Tremaine LLP

Seattle Secure Scheduling Ordinance Set to Take Effect July 1, 2017

On Sept. 19, 2016, the Seattle City Council unanimously passed the Secure Scheduling Ordinance, which applies to large retail and food service employers in Seattle. It requires these employers to provide employees with...more

Goulston & Storrs PC

The Newly Enacted Defend Trade Secrets Act: What Retailers Should Know

Goulston & Storrs PC on

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the DTSA), creating the first Federal civil cause of action for misappropriation of trade secrets. The DTSA overlaps substantially with,...more

Allen Matkins

Plaintiffs Continue To Search For Private Cause Of Action Under Transparency In Supply Chains Act

Allen Matkins on

Last January, I wrote about one plaintiff’s unsuccessful attempt to pursue claims against the maker of Fancy Feast cat food for failure to disclose the alleged use of forced labor. Barber v. Nestlé USA, Inc., 2015 U.S. Dist....more

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